Orange County Probate Attorneys
Probate of a trust and estate often does not signify a happy time in life, but is an emotional period which can quickly become overwhelming throughout the process. The probate of an estate is often a lengthy process that takes into account all the wishes of the deceased person. This often includes a signed will and other estate documents. If you are going through the probate process, do not hesitate to seek the guidance of an experienced probate attorney in Orange County.
Probate in California
Probate proceedings in California are held in the Superior Court of the county where the decedent lived at the time of death. A will names an executor (or executrix) who will admit the will to probate upon the death of the decedent. If no executor is named, the Superior Court will appoint a person, typically one of the heirs. A hearing may be held if any heir contests a provision of the will so that the court can decide whether the will is valid and resolve any outstanding issues.
In normal cases, the will is admitted to probate and the executor makes an inventory of the estate. During this time, an appraiser will determine the fair market value of any assets which are difficult to value. The estate will then be divided as the executor pays any remaining bills and manages all estate assets. Once the executor completes all outstanding duties, the estate may then be distributed to the named heirs.
Any issues which arise during probate are overseen by a judge of the Superior Court and therefore heirs and executors alone will not determine the outcome. Aside from any disgruntled heirs, creditors may also bring suit during probate to ensure they are paid for any outstanding bills. Both parties will bring suit in the same manner and may cause probate to last longer than intended due to ongoing proceedings.
Many wills can now be set up to avoid probate altogether, making the process easier for your heirs and family members. If you are interested in drafting a will that may avoid probate and save your family thousands of dollars, contact an experienced attorney to help you draft your estate planning documents. Smaller estates and married couples often find it easier to jointly own property and bank accounts to ease the burden of probate expenses.
Boyd Law | Orange County, California Probate Law Attorneys
If you are involved in a probate proceeding, do not hesitate to contact the experienced probate attorneys of Boyd Law. Probate can be a lengthy and frustrating process and can quickly turn heated without the assistance of an Orange County wills and trusts attorney. The attorneys of Boyd Law have years of experience in handling probate cases, and understand the ins and outs of California wills and estates. This is a difficult enough time as it is, handling the loss of a loved one, and you should not be forced to figure out the complexities of probate proceedings on your own. Contact our Orange County office today for your initial free consultation.